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Colin and Russ discuss the homicide charges facing ex-marine and architecture student Daniel Penny, who placed a choke hold on an erraticly behaving and possibly threatening NYC subway passenger named Jordan Neely.  Neely was a 30 year old African American street performer who was homeless at the time of his death.  Penny's trial has concluded and the jury is deliberating the case.   Does he have valid defenses?  Did he act reasonably?  Colin and Russ make their predictions about the case.  Plus, a new Is This Legal and a hilarious DCOTW. Check it out!